Terms of Service

In effect since January 6, 2023

ARTICLE 1 - Scope

These General Terms and Conditions of Sale (hereinafter referred to as "T&Cs") apply, without restriction or reservation, to all purchases of the following services:
Geocoding API and address autocomplete

such as offered by the Provider to non-professional customers ("Customers" or "Customer") on the website https://placekit.io. The main characteristics of the Services are presented on the website https://placekit.io. The Customer is required to read them before placing any order. The choice and purchase of a Service is the sole responsibility of the Customer.

These T&Cs are available at any time on the website https://placekit.io and will prevail over any other document. The Customer declares to have read and accepted these T&Cs by checking the box provided for this purpose before the implementation of the online order procedure on the website https://placekit.io. Unless proven otherwise, the data recorded in the Provider's computer system constitutes proof of all transactions concluded with the Customer.

The Provider's coordinates are as follows:
PlaceKit, SAS
Capital of 1000 euros
Registered in the RCS of Nanterre, under number 921 578 647
9 Avenue Michel Ricard 92270 Bois-Colombes
email: contact@placekit.io

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.

ARTICLE 2 - Price

The Services are provided at the rates in effect on the website https://placekit.io at the time the order is registered by the Provider.
Prices are expressed in Euros, excluding tax and including tax.
The rates take into account any discounts that may be granted by the Provider on the website https://placekit.io.

These rates are firm and not subject to revision during their period of validity but the Provider reserves the right, outside the period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges. An invoice is issued by the Provider and given to the Customer when the ordered Services are provided.

ARTICLE 3 – Orders

It is the Customer's responsibility to select the Services they wishes to order on the website https://placekit.io, as follows:
The Customer creates their account, accepts these general terms and conditions of sale, and then enters their billing and bank coordinates. The amount of the invoice is calculated based on the consumption of the Service (Pay as you go) which corresponds to the number of requests made on the API made available. The Customer is debited at the beginning of the month for their consumption in the previous month. After entering the bank coordinates, any consumption beyond the free limit will be billed and payment will be required from the Customer.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.
Any order placed on the website https://placekit.io constitutes the formation of a contract concluded at a distance between the Customer and the Provider.
The Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the progress of their order on the website.

Placing an order on the website https://placekit.io implies the conclusion of a contract for a minimum duration of 1 month, renewable for the same duration by tacit renewal.
Under the terms of Article L 215-1 of the Consumer Code, reproduced below:
"For service contracts concluded for a fixed period with a tacit renewal clause, the service provider informs the consumer in writing, by registered letter or dedicated email, at least three months and at most one month before the end of the period allowing rejection of the renewal, of the possibility of not renewing the contract which he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a prominent box, the non-renewal deadline.
If this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may freely terminate the contract at any time from the date of renewal.
Advances made after the last date of renewal or, in the case of indefinite duration contracts, after the date of transformation of the initial fixed-term contract, are refunded in this case within thirty days from the date of termination, minus the sums corresponding, up to that date, to the execution of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to particular rules regarding the information of the consumer."
Article L215-2 of the Consumer Code excludes the application of Article L215-1 to operators of drinking water and sanitation services, whereas Article L215-3 of the Consumer Code provides that these rules apply to contracts concluded between service providers and consumers, under the conditions laid down in Article L.215-1, for the provision of services relating to the creation, hosting, maintenance, modification or correction of a website or a part of a website.
The terms and conditions of the contract are those in force on the website on the day the order is placed. The Provider reserves the right to modify them at any time. In this case, the terms and conditions of sale applicable to the order placed by the Customer are those accepted by the latter when placing the order.
The Customer is required to pay for the Services in advance, by credit card or bank transfer. The Provider reserves the right to suspend or cancel the provision of the Services in the event of non-payment or partial payment of the price by the Customer.
In the event of a dispute, the courts of Nanterre (France) will have exclusive jurisdiction.

ARTICLE 4 - Payment Conditions

The price is paid by secure payment, as follows:

payment by bank card

The price is payable in full on the day the Services are provided, in accordance with the conditions set out in the "Provision of Services" section and as indicated on the invoice given to the Customer.

However, the customer may, when this option is indicated on the website https://placekit.io, pay under the following conditions and schedule:

in 12 equal installments, every month, in the case of an annual commitment.

In this case, in the event of late payment and non-payment of the amounts due by the Customer beyond the above-mentioned deadlines, and after the payment date appearing on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the TTC amount of the acquisition price appearing on said invoice will be automatically and ipso facto acquired by the Provider, without any formality or prior notice.
Late payment will result in the immediate exigibility of all amounts due by the Customer, without prejudice to any other action that the Provider may be entitled to take against the Customer in this regard.
In addition, the Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the supply of the Services ordered by the Customer.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider intervening for the bank transactions carried out on the website https://placekit.io.

Payments made by the Customer will only be considered final after the effective collection of the amounts due by the Provider.
The Provider will not be required to provide the Services ordered by the Customer if the latter does not pay the price in full under the above-mentioned conditions.

ARTICLE 5 - Provision of Services

The Services ordered by the Customer will be provided as follows:

Online geocoding service, provided by an API available for self-service via authentication, under the conditions set out in these T&Cs at the address indicated by the Customer when placing an order on the website https://placekit.io.
The Provider undertakes to make its best efforts to provide the Services ordered by the Customer, as an obligation of means and within the above-mentioned deadlines.

In the event of a specific request from the Customer regarding the conditions for providing the Services, duly accepted in writing by the Provider, the costs related to this will be the subject of a separate additional invoice.

In the absence of reservations or claims specifically made by the Customer upon receipt of the Services, they will be deemed to be in conformity with the order, in terms of quantity and quality. The Customer will have a period of 3 months from the provision of the Services to make claims by email to support@placekit.io, with all relevant supporting documentation, to the Provider.
No claim will be validly accepted if the Customer does not comply with these formalities and deadlines.
The Provider will refund or correct as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Customer.

ARTICLE 6 - Right of withdrawal

Given the nature of the services provided, orders placed by the Client do not benefit from the right of withdrawal. The contract is therefore definitively concluded upon the placement of the order by the Client according to the terms and conditions set out in these T&Cs.

ARTICLE 7 - Liability of the Provider - Warranties

The Provider guarantees, in accordance with legal provisions and without additional payment, the Client against any non-conformity or hidden defects resulting from a design or production defect of the services ordered under the following conditions and terms: Legal warranty provisions.
Article L217-4 of the Consumer Code
"The seller is bound to deliver a product in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made its responsibility by the contract or has been carried out under its responsibility."
Article L217-5 of the Consumer Code
"The product is in conformity with the contract:

If it is suitable for the usual purposes of a similar product and, if applicable:

it corresponds to the seller's description and has the features the seller presented to the buyer in the form of a sample or model;
it has the features that a buyer may reasonably expect in view of the public statements made by the seller, the producer or its representative, in particular in advertising or labelling;

Or if it has the characteristics defined by the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the latter."

Article L217-12 of the French Consumer Code: "The action resulting from the lack of conformity shall be prescribed by two years from the delivery of the goods."
Article L217-16 of the French Consumer Code: "When the buyer requests from the seller, during the course of the commercial warranty that was granted to him at the time of the purchase or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period shall run from the date of the buyer's request for intervention or from the date of the making available for repair of the goods in question, if this making available is later than the request for intervention."
In order to assert its rights, the Client must inform the Provider, in writing (by email or mail), of the existence of defects or non-conformities.
The Provider will refund or correct or have corrected (to the extent possible) the services deemed defective as soon as possible and no later than 30 days after the Provider has established the defect or vice. This refund may be made by bank transfer.
The Provider's warranty is limited to the refund of the Services actually paid for by the Client.
The Provider cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence.
The Services provided by the https://placekit.io website of the Provider are in compliance with the regulations in force in France. The Provider cannot be held liable for non-compliance with the legislation of the country in which the Services are provided, which it is the sole responsibility of the Client, who is solely responsible for the choice of the Services requested, to verify.

ARTICLE 8 - Personal Data

The Client is informed that the collection of their personal data is necessary for the sale of the Services, their realization and delivery, as well as their transmission to third parties involved in the realization of the Services. These personal data are collected only for the execution of the service contract.

8.1 Collection of Personal Data

The following personal data is collected on the https://placekit.io website:

Account creation

During the creation of the Client/user account:
First and last name, postal address and email address.

Payment

In the context of payment for Services offered on the https://placekit.io website, it records financial data related to the Client/user's bank account or credit card.

8.2 Recipients of Personal Data

Personal data is used by the Provider and its co-contractors for the execution of the contract and to ensure the effectiveness of the service provision, its realization and delivery.
The category(ies) of co-contractor(s) is (are):

Payment establishment providers

The data processing controller is the Provider, as defined by the Data Protection Act and the 2016/679 Regulation on the protection of personal data as of May 25, 2018.

8.4 Processing Limitation

Unless the Client expressly expresses their consent, their personal data is not used for advertising or marketing purposes.

8.5 Data Retention Period

The Provider will retain the data collected for a period of 5 years, covering the time of the contract liability prescription applicable.

8.6 Security and Confidentiality

The Provider implements organizational, technical, software and physical measures for digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Provider cannot guarantee the security of the transmission or storage of information on the Internet.

8.7 Implementation of Customers' and Users' Rights

Pursuant to the regulations applicable to personal data, Customers and users of the https://placekit.io website have the following rights:

They can update or delete the data that concerns them in the following manner: by logging into their account, on the account configuration page. Or by email to support@placekit.io.
They can delete their account by writing to the email address listed in Article 9.3 "Data Processing Controller"
They can exercise their right of access to know the personal data concerning them by writing to the address listed in Article 9.3 "Data Processing Controller"
If the personal data held by the Provider is incorrect, they can request the update of the information by writing to the address listed in Article 9.3 "Data Processing Controller"
They can request the deletion of their personal data, in accordance with the laws applicable to data protection, by writing to the address listed in Article 9.3 "Data Processing Controller"
They can also request the portability of the data held by the Provider to another provider
Finally, they can object to the processing of their data by the Provider

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or by email to the Data Processing Controller whose coordinates are indicated above.
The data processing controller must respond within a maximum of one month.
In case of refusal to comply with the Client's request, it must be motivated.
The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring an action before the courts.
The Client may be invited to check a box under which they agree to receive informative and advertising emails from the Provider. They will always have the possibility to withdraw their consent at any time by contacting the Provider (coordinates above) or by following the unsubscribe link.

ARTICLE 9 - Intellectual Property

The content of the https://placekit.io site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a crime of counterfeiting.

ARTICLE 10 - Applicable Law - Language

These T&Cs and the resulting operations are governed and subject to French law.
In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 11 - Disputes

For any complaint, please contact customer service at the postal or email address of the Provider indicated in ARTICLE 1 of these T&Cs.
The Client is informed that he can in any case resort to conventional mediation, with the sectoral mediation bodies in existence or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The Client is informed that he can use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show.
All disputes arising from the purchase and sale operations concluded under these T&Cs and which have not been resolved amicably between the seller or by mediation, shall be referred to the competent courts under normal legal conditions.

Other legal mentions

The website is hosted by:
Google Cloud France SARL
8 Rue de Londres 75009 Paris France
SIREN/RCS: 881721583

Adresses and coordinates are provided by: